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California Land Use Law & Policy Reporter

May 2011

Volume 20, Number 8 May 2011


California Legislature Approves Renewable Portfolio Standard of 33 Percent by 2020223


U.S. Fish and Wildlife Service Proposes to Expand Critical Habitat for Snowy Plover to Adapt to Possible Sea Level Rise Caused by Climate Change225


Circuit Court of Appeals:

Ninth Circuit Holds U.S. Forest Service Need Not Consult on Endangered Species before Deciding Not to Regulate Private Mining Activities227

Karuk Tribe of California v. U.S. Forest Service, ___F.3d___, Case No. 05-16801 (9th Cir. Apr. 7, 2011).

Ninth Circuit Finds California’s Regulation of Maritime Fuel Usage Is Not Preempted by Federal Submerged Lands Act228

Pacific Merchant Shipping Association v. Goldstene, ___F.3d___, Case No. 09-17765 (9th Cir. Mar. 28, 2011).

Ninth Circuit Concludes Tribe Is Barred by Statute of Limitations to Bring Suit Against City of Los Angeles for Water and Land Rights to Owens


Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony v. City of Los Angeles, ___F.3d___, Case No. 07-16727 (9th Cir. Mar. 14, 2011).

Ninth Circuit Holds City’s Repeal of Ordinance Creating Leasehold Conversion Program Did Not Violate Contracts Clause of U.S. Constitution234

Young v. City & County of Honolulu, ___F.3d___, Case No. 09-16034 (9th Cir. Mar. 22, 2011).


California Supreme Court:

California Supreme Court Agrees to Review whether the Doctrine of Exhaustion of Administrative Remedies Applies to CEQA Exemptions236

Tomlinson v. County of Alameda, ___Cal.App.4th___, Case No. A125471 (1st Dist. June 18, 2010); rev. granted, California Supreme Court, Case No. S188161.

District Court of Appeal:

Fourth District Finds City Responsible for Maintaining Berm Pursuant to Special Use Permit for Residential Community Development237

Coronado Cays Homeowners Association v. City of Coronado, ___Cal.App.4th___, Case No. D056377 (4th Dist. Feb. 28, 2011).

Fifth District Holds Identification of Defects in EIR for a Mixed-Use Development Necessitated Setting Aside Project239

Landvalue 77 v. Board of Trustees, ___Cal.App.4th___, 193 Cal.App.4th 675 (5th Dist. 2011).

First District Strikes Down Tenant Anti-Harassment Provisions in San Francisco’s Rent Control Ordin-


Larson v. City & County of San Francisco, ___Cal.App.4th___, Case No. A125887 (1st Dist. 2010).

Sixth District Finds Below Market Rate Housing Requirement a Condition under Subdivision Map Act, Not an Exaction under Mitigation Fee Act242

Trinity Park, L.P. v. City of Sunnyvale, ___Cal.App.4th___, Case No. H035573 (6th Dist. Mar. 24, 2011).

First District Clarifies Legal Requirements for California’s Density Bonus Law244

Wollmer v. City of Berkeley, ___Cal.App.4th___, Case No. A128121 (1st Dist. Mar. 11, 2011).